SCHEDULE OF EXCEPTIONS. The Company shall have delivered to each Purchaser any necessary changes to the Schedule of Exceptions as a result of facts and circumstances arising after the date of execution and delivery of this Agreement and prior to the Supplemental Closing, which changes shall be, in form and substance, satisfactory to the Requisite Purchasers.
SCHEDULE OF EXCEPTIONS. In confirmation of verbal disclosures to Enzon management, Santaris Pharma makes the following written disclosure. [2 pages**Redacted**]
SCHEDULE OF EXCEPTIONS. Section 10.2.1 – Licensor makes no representation under this Section 10.2.1 with respect to: [***]
SCHEDULE OF EXCEPTIONS. Permitted Indebtedness (Section 1.1) Indebtedness incurred under a revolving credit account with Dell Financial Services L.L.C. that is secured by the lien described under Permitted Liens below.
SCHEDULE OF EXCEPTIONS. In connection with that certain Series D Preferred Stock and Warrant Purchase Agreement dated as of August 11, 2000 by and among New World Coffee - Manhattan Bagel, Inc. (the "Company") and the persons and entities listed on the Schedule of Purchasers attached thereto (the "Agreement"), the Company hereby delivers this Schedule of Exceptions to the Company's representations and warranties given in the Agreement. The section numbers in this Schedule correspond to the section numbers in the Agreement. Capitalized terms used but not defined herein shall have the same meanings given them in the Agreement.
SCHEDULE OF EXCEPTIONS. Any new information provided through amendments or updates to the Schedule of Exceptions made as contemplated by the introductory paragraph of Section 2 at or prior to the date of such Closing shall not in the judgment of such Investor materially adversely affect the financial conditions, properties, business, operations, assets, results of operations or prospects of the Company and its Subsidiaries, taken as a whole.
SCHEDULE OF EXCEPTIONS. The following is a list of schedules and exceptions to the representations and warranties made by Displaytech, Inc. (the "Company") in that certain Second Amendment to Note Purchase Agreement (the "Agreement") dated February , 2003 between the Company and Hewlett-Packard Company. Schedule 4.2(a)—(i) Authorized capital stock of the Company: Common Stock 25,000,000 Preferred Stock 5,000,000 Schedule 4.2(a)—(ii) Number of designated shares in each Series or Class: Series B Convertible Preferred Stock 750,000 Series D Convertible Preferred Stock 510,000 Series E-B Convertible Preferred Stock 500,000 Series E-D Convertible Preferred Stock 510,000 Series E-1 Senior Preferred Stock 600,000 Series E-2 Senior Preferred Stock 400,000 Schedule 4.2(a)—(iii) Number of shares outstanding in each Series or Class after issuance of shares on Closing Date: Common Stock 242 Series B Convertible Preferred Stock 260,051 Series D Convertible Preferred Stock 154,856 Series E-1 Senior Preferred Stock 40,096 Series E-2 Senior Preferred Stock 0 Series E-B Convertible Preferred Stock 225,638 Series E-D Convertible Preferred Stock 175,785 Schedule 4.2(a)—(1) Shares of capital stock outstanding at Closing which were subject to preemptive rights when issued: Except for a small number of shares of Series B Convertible Preferred Stock obtained by individuals in the "reverse conversion" of Common Stock into the Series B, all outstanding shares of Series B and Series D Preferred Convertible Stock were subject to preemptive rights when issued, but, after giving effect to the Certificates of Designation, no longer are. Schedule 4.2(a)—(2) Shares of capital stock outstanding at Closing which provide the holders thereof preemptive rights: None Schedule 4.2(b) Number and purpose for which shares of the Company's Common Stock are reserved: Shares Reserved Purpose 740,000 Issuance of Options under the 1988 Incentive Stock Option Plan 2,699,022 Issuance of Options under the 1998 Stock Incentive Plan 309,765 Warrants Outstanding 3,657,539 Conversion of the Series B Convertible Preferred Stock 5,251,019 Conversion of the Series D Convertible Preferred Stock 3,173,530 Conversion of the Series E-B Convertible Preferred Stock 3,196,091 Conversion of the Series E-D Convertible Preferred Stock Exception §4.2(c) Agreements for options for which stock has not been reserved: Consultants to the Company have been granted options to purchase a total of 26,374 common shares that have not been issued under an ex...
SCHEDULE OF EXCEPTIONS. Permitted Indebtedness (Section 1.1) Anticipated Guarantee of Leased Office Space in London, United Kingdom (Guaranty by Borrower for Shared Office Space for TechTarget Limited and BrightTALK Limited) Permitted Investments (Section 1.1) Investments up to $20M through Merganser Capital Management Permitted Liens (Section 1.1) None Inbound Licenses (Section 5.5) None Prior Names (Section 5.6) Data Science Central ESG or Enterprise Strategy Group Xtelligent Healthcare Media TechTarget France Knowledgestorm Bitpipe Litigation (Section 5.7) None Permitted Restrictions on Encumbrances (Section 7.5) None ny-2137832
SCHEDULE OF EXCEPTIONS. The parties hereto agree that any reference in a particular Section of the Schedule of Exceptions shall be deemed to be an exception to (or, as applicable, a disclosure for purposes of) the representations and warranties (or covenants, as applicable) of the Company that are contained in the corresponding Section of this Agreement as well as to each other Section of this Agreement, to the extent the relevance of the disclosure to such Section is reasonably apparent. The parties have executed this Ordinary Shares Purchase Agreement as of the date first written above. COMPANY: QUNAR CAYMAN ISLANDS LIMITED, a Cayman Islands exempted company By: /s/ Chenchao Zhuang Name: Chenchao Zhuang Title: President Address: Room 1602-1606, Tower B, China Xxxxxxxx Xxxxx, Xx. 0 Xxxxxxx Xxxxxx, Xxxxxxx Xxxxxxxx, Xxxxxxx, 000000, PRC Facsimile: +00-00-00000000 E-mail Address: xx@xxxxx.xxx The parties have executed this Ordinary Shares Purchase Agreement as of the date first written above. PURCHASER: BAIDU HOLDINGS LIMITED By: /s/ Xxxxx Xx Name: Xxxxx Xx Title: Chief Executive Officer Date: June 24, 2011 Address: P.O. Box 957, Offshore Incorporations Centre, Road Town, Tortola, British Virgin Islands c/o Xxxxxx Xxxx Xx. 00 Xxxxxxx 00xx Xxxxxx Xxxxxxx Xxxxxxxx Xxxxxxxxx: +00-00-00000000 E-mail Address: xxxxxxxxxx@xxxxx.xxx SCHEDULE 5.11
SCHEDULE OF EXCEPTIONS. The Schedule of Exceptions to be delivered by the Company to Purchasers on or prior to the First Closing shall be satisfactory to such Purchaser in its sole discretion.
